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Senate advances Uniform Parentage Act after hours of debate on surrogacy, parentage and court safeguards

Utah State Senate · January 25, 2005
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Summary

The Utah Senate debated and advanced Senate Bill 14, a comprehensive Uniform Parentage Act that clarifies legal parentage, offers protections for 'social parents,' and creates a narrow, court‑approved gestational‑surrogacy process limited to married intended parents; senators pressed the sponsor on medical‑consent and registry safeguards.

Senator Hilliard, sponsor of Senate Bill 14, presented the Uniform Parentage Act on the Senate floor, saying the measure aims to provide statutory clarity after a constitutional change and years of inconsistent court rulings. He said the bill emphasizes the role of the social parent and supplies detailed guidance for courts on parentage determinations.

The measure would codify parentage rules across Utah, address notice and registration practices for fathers, and add statutory procedures to protect adoption placements. Hilliard said the bill draws on a national model but adapts it for Utah, and he described three central parts: parentage and social‑parent protections; clearer adoption registry processes; and an optional gestational‑surrogacy framework that requires court approval.

The gestational‑surrogacy provisions attracted the most floor attention. Hilliard described the provision as limited: it applies only to married intended parents, requires the intended mother to demonstrate a serious health problem, and requires the surrogate to have carried a pregnancy previously; all agreements must be approved by a judge. “Once it’s approved by the judge, it’s a binding agreement,” Hilliard said, warning that allowing open‑ended termination would defeat the statute’s purpose.

Senators questioned how the bill handles medical decisions, reproductive choices and the role of physicians. Senator Hickman asked whether the bill authorizes abortion “on demand.” Hilliard replied the statute preserves the gestational mother’s right to make health decisions for herself and leaves specifics of medical involvement to court‑approved agreements and standard medical practice; he said the bill does not expand rights beyond existing law.

Other senators pressed on consequences for nonbinding agreements, responsibilities when a surrogate keeps a child, and birth‑certificate procedures for intended parents. Senator Peterson asked whether a surrogate who keeps a child would become liable for its care; Hilliard said such a case would be handled like other single‑parent situations and that agencies and courts could seek support from intended parents in specified circumstances.

Hilliard also addressed a morning letter from the ACLU that raised constitutional concerns. He told colleagues the bill narrows and conditions gestational agreements rather than creating a free‑for‑all, and he cited a federal district‑court decision that exposed gaps in the existing statutory framework as a reason for legislative clarity.

After extended questions and debate spread over several hours, the Senate voted to read SB14 for third time; the roll call showed the measure advanced with recorded votes on the calendar. The sponsor said he will monitor court developments and consider colleagues’ feedback as the bill continues through the process.

The Senate moved on to other business after completing the SB14 third‑reading vote.